ORDINANCE COMMITTEE

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NOTICE OF PUBLIC HEARING        

A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Thursday, April 15, 2021 at 6:30 p.m.   pursuant to Section 3.12 of the Charter via Zoom webinar

You are invited to a Zoom webinar.
When: Apr 15, 2021 06:30 PM Eastern Time (US and Canada)
Topic: Ordinance Committee - City of Cranston

Please click the link below to join the webinar:

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Complete copies of proposed Ordinance is available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.” 

     

Matthew Reilly, Chair
Ordinance Committee

Leanne Zarrella, JD
City Clerk

     

PROPOSED ORDINANCE No. 3-21-01 IN AMENDMENT OF TITLE 10.32 OF THE CITY OF CRANSTON CODE OF ORDIANCES, 2005, ENTITLED “MOTOR VEHICLES AND TRAFFIC” (Baldwin Orchard Drive & Russet Way – 3 way stop)

It is Ordained by the City of Cranston City Council as follows:

Section 1. Title 10.32.020 of the Code of the City of Cranston, 2005 entitled “Stop Intersections Enumerated” is hereby amended by adding the following:

Baldwin Orchard Drive and Russet Way – 3 way stop

Section 2. This ordinance shall take effect upon its final adoption.

Sponsored by Councilmen Reilly and Ferri

     
PROPOSED ORDINANCE No. 3-21-02 IN AMENDMENT OF TITLE 2 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED ‘ADMINISTRATION AND PERSONNEL - DIVERSITY COMMISSION’

It is Ordained by the City of Cranston City Council as follows:

Section 1. Chapter 2 of the Code of the City of Cranston, 2005, entitled “Administration and Personnel” is hereby amended by adding thereto the following new section:

Chapter 2.50- Diversity Commission

Sections: 2.50.010 Establishment, Purpose, and Membership

A. The establishment of this Diversity Commission is in recognition of the need to promote a city government that is diverse, inclusive, and values equity. In so doing, this Diversity Commission is to encourage and assist in the implementation of City policies, service and workforce that is more representative of the City’s population of different races, ethnicities, genders, ages, religions, disabilities and sexual orientations while considering the educational, economic, and cultural differences within our City’s population.

B. The purpose of the commission is to:

1. foster engagement, solicit feedback and testimony from residents, stakeholders and policy makers from across the city in the context of reviewing the city’s services, programs, hiring and recruiting practices as well as diversity/inclusion policies in order to facilitate implementation of solutions that encourage diversity;
2. conduct itself in a manner that is collaborative, supportive, and respectful of participants;
3. provide advice to the Mayor and City Council in order to facilitate implementation of solutions that encourage diversity, equity and inclusion; and
4. provide a written report of its recommendations and conclusions, supported by its findings and a majority approval of its members, with said written report being provided every June and December to the Mayor and City Council.

C. The membership of this Diversity Commission shall consist of thirteen (13) volunteer unpaid members serving three (3) year terms as follows:
1. Four (4) members of the public being two (2) appointed by the mayor, one (1) appointed by the council president, and one (1) appointed by the council minority leader;
2. Two (2) councilmembers being one (1) appointed by the council president and one (1) appointed by the council minority leader;
3. Two (2) public safety members being one (1) from the fire department and one (1) from the police department appointed by the respective chief of each department;
4. One (1) member appointed by the head of the local National Association for the Advancement of Colored People (NAACP) Branch and approved by the majority vote of the city council;
5. One (1) member appointed by the head of the One Cranston Health Equity Zone and approved by the majority vote of the city council;
6. The city personnel director who will serve as the commission chair;
7. One (1) city department head as appointed by the mayor; and
8. One (1) administrative member from the Cranston senior center as appointed by the mayor.

2.50.020 Chairperson, Meetings, and Quorum

A. The chairperson will be the city personnel director. In absence of the chairperson, the commission by majority vote of those members present shall elect a temporary chairperson for the meeting.

B. A quorum of the majority of commission members is required for the meetings.
C. The chairperson, or the majority of commission members, shall convene at least four (4) meetings per calendar year.

This ordinance shall take effect upon its final adoption.

Sponsored by Councilwomen Marino, Vargas and Germain

PROPOSED ORDINANCE No. 3-21-04 IN AMENDMENT OF TITLE 5, OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “Business Licenses and Regulations” (Third Party Delivery Services)

It is Ordained by the City of Cranston City Council as follows:

Section 1. Title 5, Chapter 5.80 is hereby amended by adding the following:

5.80.080 Third Party Delivery Services

Definitions:
As used in this subchapter, the following terms have the following meanings:

a) “Agreement” means a written contractual agreement between the merchant and the third-party delivery service.

b) “Customer” means the person, business or other entity that places an order for merchant products through the marketplace.

c) “Likeness” means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer.

d) “Marketplace” means the third party’s proprietary online communication platform where customers can view and search the menu of merchants and/or place an order for merchant products via the third party’s website or mobile application for delivery by the third party to the customer.”

e) “Merchant” means a restaurant or other retail entity.

f) “Third-party delivery service,” means a company, organization, or entity, outside of the operation of the merchant’s business that provides limited delivery services to customers.

Third-party delivery service permit required:

a) It shall be unlawful for a third-party delivery service to operate within the City of Cranston without having first obtained a third-party delivery service permit.

b) The City Clerk shall provide an application form for the permit. The third-party delivery service must provide:
i) The name of the business, contact person, phone number and email address for the contact person, and a mailing address for the business;
ii) Proof of vehicle liability insurance;

c) The annual fee for a third-party delivery service permit shall be one hundred dollars ($100);

d) All third-party delivery service permits shall be renewed annually prior to its expiration.

Third party use of merchant trademarks and likeness:

a) A third-party delivery service may not use the likeness, registered trademark, or any intellectual property belonging to the merchant without obtaining written consent from the merchant to use the likeness, trademark, or intellectual property.

b) To obtain valid consent from the merchant, the third-party delivery service must have a third-party delivery service permit with the City of Cranston to lawfully conduct business within the City.

Indemnity agreement void:

No agreement entered into in accordance with this chapter, shall include a provision, clause or covenant that requires a merchant to indemnify a third-party delivery service, any independent contractor acting on behalf of the third-party delivery service or any registered agent of the third-party delivery service, for any damages or harm that may occur after a product leaves the merchant’s place of business.

Enforcement, violations, and penalties:
This chapter shall be enforced by any City Department designated by the City of Cranston.

a) Any merchant whose likeness was used by a third-party delivery service in violation of this chapter may bring an action in municipal court. The court may in its discretion, award punitive damages and other equitable relief it deems appropriate.

b) Any third-party delivery service who violates this chapter shall be subject to the following penalties:
i) For a first offense, the third-party delivery service charged with violating any part of this chapter shall be served with a warning letter delivered via certified and regular mail to the third-party delivery service, addressed to the chief executive officer or contact person as may be applicable. The warning letter shall inform the third-party delivery service of the alleged violation and the necessity to correct the violation within 28 days of the date of the letter, and shall include a copy of this chapter. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

ii) Should the third-party delivery service not correct the violation outlined in the warning letter or be charged with a second offense after correcting the initial violation, a notice of violation shall be issued and a fine of one thousand dollars ($1,000) shall be assessed and imposed. The notice of violation shall be delivered via certified and regular mail to the third-party delivery service, addressed to the chief executive officer or contact person as may be applicable, and shall direct the third-party delivery service to pay the fine assessed by mail or in person within 28 days of the assessment. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

iii) Each additional violation shall result in issuance of subsequent notices of violation, and each day that such violation continues, shall constitute a separate violation and may be cited and fined as such. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

iv) For any third-party delivery service that is subject to multiple notices of violation pursuant to the provisions of this ordinance, the City Council Safety Services and Licenses Committee may call the violator in for show cause.

Section 2. This ordinance shall take effect upon its final adoption, provided however, that enforcement shall be stayed until July 1, 2021.

Introduced by Councilman Donegan

     

PROPOSED ORDINANCE No. 3-21-05 IN AMENDMENT OF CHAPTER 40.030 TITLE 10 OF THE CITY OF CRANSTON CODE OF ORDINANCES, 2005, ENTITLED “VEHICLES AND TRAFFIC” (RIDING OF MINI-BIKES, ETC., ON PUBLIC PROPERTY)

It is Ordained by the City of Cranston City Council as follows:

Section 1. Chapter 40.030 is hereby amended by adding the following:

SECTION 1.

• No person shall ride, drive or otherwise use a mini-bike, recreational off-road vehicle, non-street legal or unregistered motorcycle, go-cart, or other like vehicle on or upon any public property or public roadway within of the city of Cranston.

Registered vehicles only shall be allowed on public streets, parking lots or other areas designed for regular traffic, unless prohibited by the chief of police.

Eluding police officer; additional penalty:

No person illegally operating any recreational vehicle described in this chapter shall elude any police officer upon being signaled to stop or upon being told to stop. This section shall apply upon the occurrence of any lawful act by a police officer in telling or signaling any vehicle operator to stop by any oral statement, siren, flashing light, hand signal or other signal. This shall apply whether the police officer ordering or signaling the stop is in a vehicle or on foot. This section is intended to prohibit acts to elude a police officer, including acts consisting of increasing speed, changing directions, turning off lights or taking similar steps to avoid or escape from a police officer. Any person apprehended in violation of this section shall be subject to an additional penalty of $500. Nothing mentioned herein shall preclude the additional prosecution of the motorist in District or Superior Court under R.I.G.L. 31-11-4, 31-11-4.1 or any other applicable statutes.

• Penalty.

The penalty for a violation of this article, shall be forfeiture of the aforementioned vehicles; or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this article and it is the first time that a vehicle belonging to the owner has been found to be in violation of this article, a civil penalty of five hundred dollars ($500.00) in addition to any and all other fines and/or penalties associated with the illegal operation of such vehicle shall be imposed upon the operator and/or owner. The Cranston Police Department shall be empowered to seize, and impound these vehicles in order to enforce this article. Vehicle owner’s seeking the return of any vehicle(s) must provide proof of ownership which shall include, but not be limited to, a notarized bill of sale.

(a)   Commencement of forfeiture proceeding and notice.

(1)   The City Solicitor shall bring an action for forfeiture by filing a complaint in the Cranston Municipal Court.

(2)   The City Solicitor shall instruct the Police Department to give notice of the forfeiture proceeding by mailing a copy of the complaint and a notice for hearing to each person whose right, title, or interest is of record in the division of motor vehicles or any other department or agency of the state, or in any other state or federal agency or department in which the property is required to be registered.   Such person or persons are hereinafter referred to as the “owner.”

(3)   The owner of the property shall, within thirty (30) days after the mailing of the complaint and notice, file a verified answer to the complaint.  The owner shall also appear at the hearing on the action for forfeiture.

(b)   Forfeiture Hearing

(1)   If the owner shall fail to appear at the forfeiture hearing, the court will enter an order of forfeiture by default.

(2)   If the owner appears at the forfeiture hearing, the City Solicitor shall show, by a preponderance of the evidence, that the property was used in violation of Chapter 40 of Title 10 of the Code of Ordinances of the City of Cranston.

(3)   If the City Solicitor has not made the showing required in (b)(2) of this section, the Court shall order the property released to the owner. Vehicle owner’s seeking the return of any vehicle(s) must provide proof of ownership which shall include, but may not be limited to, a notarized bill of sale.

(4)   If the Court finds that the City Solicitor has made the showing required, the owner may offer evidence that the owner was not using the property at the time of the violation that the owner did not know, or have reason to know, that the property was used or possessed, or was to be used or possessed, in any manner that violates Title 10, Chapter 40. For the purposes of this Ordinance, an owner shall be deemed to have knowledge of the provisions of Title 10, Chapter 40. 

(5)   If the owner rebuts the City Solicitor’s showing, by a preponderance of the evidence, as set forth in (b)(4) of this section, then the complaint for forfeiture shall be denied and dismissed.  The Court will determine, based on the circumstances presented, whether the owner shall be responsible for any fines or costs.

(6)   Where the City Solicitor has made the required showing, and the owner has not rebutted that showing by a preponderance of the evidence, or where the Court enters forfeiture by default, the court may order:

i.  that the property be destroyed by the agency which seized it or by some other municipal agency designated by the court, or

ii.   that the property be delivered to and retained for use by the agency which seized it, or to some other municipal agency designated by the court, or

iii.    that the property be sold at public auction by an agency designated by the court.

(7)   Proceeds from sale at public auction, after payment of all reasonable charges and expenses for storage and public auction, shall be used by the Cranston Police Department to enforce Title 10, Chapter 40.

SECTION 2. This ordinance shall take effect upon passage.

Sponsored by Council President
Paplauskas

Referred to Ordinance Committee
April 15, 2021

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